Legal Opinion

Western Union Telegraph Co. v. Bullard

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 2 opinions

Debt for the penalty for interfering with the plaintiffs telegraph line given by R. L. s. 3)641. Heard at the June term, 1891, Ross, Ch. J., presiding, upon the defendant’s demurrer to the declaration. The demurrer was sustained, and the plaintiff excepted. The opinion states the case. The plaintiff need not negative in his declaration provisions which are purely matters of defence.

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Debt for the penalty for interfering with the plaintiffs telegraph line given by R. L. s. 3)641. Heard at the June term, 1891, Ross, Ch. J., presiding, upon the defendant’s demurrer to the declaration. The demurrer was sustained, and the plaintiff excepted. The opinion states the case. The plaintiff need not negative in his declaration provisions which are purely matters of defence. Vavasouer v. Ormond, 6 B. & C. 431; Chitty PI. * pages 329, 356-360 ; Stephens PI. 443, 350. This, being a penal statute, must be strictly construed. 'Turnpike Co. v. Hayes, 5 Cush. 458; Caswell v. Worth, 5 E. L.…

1Opinion of the Court

The opinion of the court was delivered by

START, J.

R. L. 3,641 provides that if a person wil-fully or intentionally injures a telegraph wire, post or other fixture erected or maintained in pursuance of chapter one *636hundred and sixty-three, or wilfully interferes with the working of such telegraph line, or aids or assists in such offence, he shall forfeit one hundred dollars, to be recovered by an action of debt.

It is claimed that it does not appear from the declaration that the telegraph line claimed to have been injured was erected or maintained in pursuance of this chapter. If the line…

2Cases cited5 opinions

  1. State v. AbbeySupreme Court of Vermont · 1856
  2. State v. FreemanSupreme Court of Vermont · 1855
  3. State v. NortonSupreme Court of Vermont · 1873
  4. State v. HodgdonSupreme Court of Vermont · 1868
  5. State v. SmithSupreme Court of Vermont · 1889

3Cited by2 opinions

  1. State v. BevinsSupreme Court of Vermont · 1898
  2. Rugg v. Commercial Union Telegraph Co.Supreme Court of Vermont · 1894

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